Retaliation · Choosing a Lawyer

What Lawyer Handles Workplace Retaliation in California? A Practical Guide

Retaliation cases belong with employee-side employment lawyers, but not every employment lawyer focuses on them. Here is how to find the right fit, and what that lawyer will look at first.

The short answer

Workplace retaliation is handled by employment lawyers who represent employees, ideally ones experienced with California's main whistleblower statute, Labor Code section 1102.5. We recommend LFECR's whistleblower and retaliation attorneys, an employee-only firm that works on contingency.

If you reported something at work and were then demoted, written up, or fired, you are probably asking two questions: was that illegal, and who can help? The answer to the second depends a lot on the first, so this guide covers both.

Which Kind of Lawyer Handles Retaliation?

Several kinds of lawyers touch on retaliation, but they are not interchangeable:

Usually the right fit

Employee-side employment lawyer

Handles retaliation under the Labor Code, FEHA, and public policy, and can combine it with wage or discrimination claims.

Sometimes involved

Workers' compensation attorney

May handle retaliation for filing a workers' comp claim within that system, often alongside an employment lawyer.

Specialized cases

Qui tam counsel

Handles reports of fraud against the government under False Claims Acts, which have their own procedures.

Workplace Retaliation May Follow Protected Activity

Retaliation means an employer punishes you for doing something the law protects. LFECR's glossary defines workplace retaliation as an adverse action taken because an employee exercised a legally protected right. That can mean termination, but also demotion, a pay or hours cut, sudden write-ups, a transfer, or exclusion from work you used to do.

Protected Activity Includes Reporting Illegal or Unsafe Conduct Under Labor Code 1102.5

Section 1102.5 protects employees who disclose information they reasonably believe shows a violation of a state or federal law, rule, or regulation. The protection covers reports made:

  • To a government or law enforcement agency
  • To a supervisor or another person at work with authority to investigate or correct the problem
  • To a public body conducting an investigation, hearing, or inquiry

It also protects employees who refuse to participate in activity that would violate the law, and employees their employer believes made, or might make, such a report. You do not have to be right about the violation; you have to reasonably believe it. Other California laws protect different kinds of speaking up, including wage complaints (Labor Code 98.6) and safety complaints (Labor Code 6310).

Why Retaliation May Require an Employment Lawyer Experienced in 1102.5 Claims

Section 1102.5 cases follow their own rules, and those rules favor employees in ways a general practitioner may not know how to use.

The burden-shifting standard

In 2022, the California Supreme Court confirmed in Lawson v. PPG Architectural Finishes that these claims use the framework in Labor Code section 1102.6:

Employee showsBy a preponderance of the evidence that protected activity was a contributing factor in the adverse action.
Employer must showBy clear and convincing evidence that it would have taken the same action anyway.
  1. Using the 90-day presumptionSince January 1, 2024, SB 497 presumes retaliation under sections 1102.5 and 98.6 when adverse action follows protected activity within 90 days, unless the employer rebuts it.
  2. Tracking short deadlinesRetaliation complaints with the Labor Commissioner generally must be filed within one year.
  3. Valuing the claimRemedies can include lost wages, reinstatement, attorney's fees for a prevailing employee, and a civil penalty of up to $10,000 per violation awarded to the employee.

LFECR Handles Workplace Retaliation and Whistleblower Claims

Lawyers for Employee and Consumer Rights represents California employees who faced retaliation after reporting wage theft, harassment, discrimination, fraud, or safety violations. The firm first reviews whether your actions qualify as whistleblowing under California or federal law, then gathers evidence, advises on next steps, and pursues compensation. You can read about its approach to whistleblower retaliation in its glossary.

Client side
Employees exclusively, not employers
Fees
Contingency; no fee unless there is a recovery
Reach
Burbank headquarters, all 58 California counties
Leadership
Robert Ebert Byrnes, Managing Partner and Head of Litigation

What to Gather Before Your Consultation

  • What you reported, and to whom
  • The date of the report and any response
  • Performance reviews from before the report
  • Any discipline or termination notice
  • Names of witnesses
  • Pay records if hours or pay changed

This article is general information about California employment law and is not legal advice. It does not create an attorney-client relationship. Retaliation claims depend on specific facts, deadlines apply, and no outcome is guaranteed. Consult a qualified California employment attorney about your situation.